questions & answers

Question: Hello I recently moved in my apartment on 8/15 at that time my air conditioning was not working blows out warm air. I notified the office they sent a technician over the same day. I told him my air doesn't work he TOLD me it does and changed the air filter. Which it did not. I contacted the leasing office again around 8/31. They called me left a message to speak with maintenance. I called back TWICE never got a response. My air did not get fixed until 9/16! And my electric is now shut off because I cannot pay a 850 dollar bill. Should the leasing office accommodate me for these times?

Answer: If you believe that the landlord was in breach of the rental agreement during the lengthy period in which you had no air-conditioning, you can always ask the landlord to reduce your next monthly rent payment in recognition of its breach, or, if the landlord refuses, take the landlord to court for compensation for any monetary damages you suffered as a result of its breach (A.R.S. 33-1361(B)). Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), landlords have a legal responsibility to “comply with the requirements of applicable building codes materially affecting health and safety,” which includes the provision of “adequate heating and cooling” (A.R.S. 9-1303); “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; “maintain in good and safe working order and condition all ... air-conditioning and other facilities and appliances ... supplied or required to be supplied by him”; and “supply ... reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions ...” (A.R.S. 33-1324).